REGULATIONS OF THE INTERNET SHOP (Kancelaria Radcy Prawnego Beata Kielar-Tammert)
§1 GENERAL PROVISIONS AND CONTACT INFORMATION
§3 TECHNICAL REQUIREMENTS
§4 PLACING AND PROCESSING ORDERS
§5 PRODUCT PRICES AND FORMS OF PAYMENT
§6 PRODUCT DELIVERIES – COSTS, FORMS AND DEADLINES §7 SERVICES PROVIDED BY ELECTRONIC MEANS
§7 ELECTRONIC SERVICES
§9 CANCELLATION OF CONTRACT BY CONSUMER
§10 INTELLECTUAL PROPERTY RIGHTS, LICENCE, COPYRIGHT
§11 PERSONAL DATA AND COOKIES
§12 OUT-OF-COURT MEANS OF DISPUTE RESOLUTION AND REDRESS BY THE
§13 FINAL PROVISIONS
APPENDIX No. 1 – MODEL COMPLAINT FORM
ATTACHMENT No. 2 – TEMPLATE FORM FOR WITHDRAWAL OF CONTRACT
1/ GENERAL PROVISIONS AND CONTACT DETAILS
- The online shop is available at the domain en.bktkancelaria.pl.
- In the event of a complaint about an Order placed, the Seller should be contacted using the following contact details: e-mail: email@example.com, phone +48 602386001.
- The Customer may communicate with the Seller using their e-mail address and telephone number.
- The rules of using and placing Orders, concluding Sales Contracts and making complaints within the Shop are defined in these Terms and Conditions.
- The Seller makes the Terms and Conditions available to the Customer or User free of charge before using the On-line shop. The Client can save the content of the Terms and Conditions in a convenient way, e.g. by saving them on a permanent carrier or by printing.
- A condition of using the Store and concluding a Sales Agreement is the acceptance of the provisions of these Terms and Conditions. By accepting these Terms and Conditions, the Customer agrees to all the provisions and undertakes to abide by them.
- The prices given in the Shop are given in Polish zloty and are gross prices (including VAT).
- Information about the products given on the web pages of the Store, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- When using the Shop, it is forbidden to provide information of an unlawful nature, in particular it is forbidden to: send and post spam within the Shop, provide and transfer content prohibited by law, in particular within the forms contained in the Shop.
- It is ordered to use the Shop in a manner compliant with the Regulations and legal regulations in a way that does not disrupt its operation.
- The Customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
- In order to delete a Customer’s account, it is necessary to inform the Shop in writing or by e-mail of the wish to delete it.
The terms used in the Regulations shall mean:
- Vendor – Beata Kielar-Tammert conducting business under the firm Kancelaria Radcy Prawnego Beata Kielar-Tammert, at the address Ofiar Oświęcimskich 17, 50-069 Wrocław, NIP:6311514856 in accordance with the document generated from the system of Central Registration and Information on Business Activity.
- Customer or User – a natural person, a legal person or an organisational unit that is not a legal person but to which special regulations grant legal capacity, placing an Order at the Shop and making purchases through the Shop.
- Consumer – a natural person concluding a contract with the Seller within the Shop, the subject of which is not directly related to his/her economic or professional activity.
- Account – Customer or User account created on the Shop’s Internet platform, allowing access to purchased training and products.
- Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, which uses the Store.
- Customer-consumer – a natural person who enters into a contract directly related to his/her business activity, where the content of the contract indicates that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
- Rules and Regulations – these Rules and Regulations of the Store.
- Online Shop or Store – the online shop available at www.bktkancelaria.pl/sklep/, through which the Customer may make Orders and purchase certain Products.
- Product or Electronic Product – materials purchased or available in the Shop, including services and materials produced and supplied in digital form available within the Shop, intended for sale, in particular e-books, electronic documents, training courses, consultations, individual services, as well as physical products. Products are sold for a fee, unless expressly stipulated otherwise.
- Sales Contract – a contract for the sale of a Product or a contract for the provision of services concluded between the Seller and the Customer via the Shop.
- Consumer Rights Act – the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827 as amended), hereinafter referred to as the Act.
12. the Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended), hereinafter referred to as the Civil Code.
- Electronic Service Provision Act – the Act of 18 July 2002 on Electronic Service Provision (Journal of Laws No. 144, item 1204 as amended), hereinafter referred to as the UŚUDE.
- Order – an action, a declaration of will of the Customer aiming directly at concluding a Sales Agreement for a Product with the Seller and fulfilment of performance for the Customer, on the terms and conditions specified in these Terms and Conditions.
- Order form – a form of the Store, by means of which the Customer may place an Order and execute a Sales Contract.
- Distance contract – a contract concluded with a Customer in the Shop, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Payment Operator – Przelewy24 with its registered office in Poznań, ul. Kanclerska 15 NIP: 779-236-98- 87.
- Proof of payment – invoice or receipt issued in accordance with the Act on Value Added Tax of 11 March 2004 and other relevant provisions of law.
- Payment – payment to the Seller’s account through online payment methods available in the Store or payment upon Product collection – depending on the selected payment method and the ordered Product.
- System – a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunication networks by means of an appropriate terminal device for a given type of network (Internet).
3/ TECHNICAL REQUIREMENTS
- The Customer may use the available functions of the Internet Shop in a manner compliant with these Terms and Conditions and applicable regulations and in a manner not disruptive to the operations of the Internet Shop and other Customers.
- In order to use the Store, including browsing the Store’s range of products and placing orders for Products and Electronic Products, the following are required:- Internet access from a device enabling this, a properly configured, up-to-date version of a web browser supporting cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome,
– an active and properly configured e-mail account,
– current tool/program that supports electronic files in pdf., doc., docx, xsl, mobi, pub. format, etc. – when ordering electronic products in the electronic format described in the product information.
- The Seller shall provide technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorised third parties.
- The Seller takes appropriate measures to ensure the proper functioning of the Shop.
4/ SKŁADANIE I REALIZACJA ZAMÓWIEŃ
- The Customer may purchase a Product by selecting it from the relevant sub-page of the Store. The Customer can choose from a variety of Product variants at different prices (if such a possibility is clearly indicated in the Product description).
- Having made a choice of a Product, in order to make a purchase the Customer should take the next steps according to the messages displayed on the pages of the Store. First, the Customer should click on the “Add to Cart” button , as a result of which the selected Product will be added to the shopping basket. Then, he/she can continue shopping or click on the “Order with payment” button to finalise the purchase on the next page. You can also proceed to payment by using the “Product description and price” button under the product image.
- In order to place an Order, it is necessary for the Customer to enter the following data in the forms:a/ first and last name and optionally company name,b/ address (country, street, building number, apartment number, postal code, city),c/ telephone number,
d/ e-mail address.
- Agreeing to the fulfilment of the Order by the Shop by clicking the button “I order with the obligation to pay”, which indicates the necessity to pay for the Order, is an indispensable element of making the purchase.
- In the process of placing the Order, the Customer is also obliged to make a choice as to the form of payment for the ordered Products, from those currently available in the Shop.
- During the process of placing the Order – until the Customer clicks the button “Order with obligation to pay”. – The Customer has the possibility to modify the personal data he/she has provided and the data regarding the Products he/she has selected, as well as regarding the form of payment.
- When the Customer clicks the “Order with obligation to pay” button, he/she is aware that the conclusion of the contract is connected with the obligation to pay the Seller.
- The Customer’s sending of the Order constitutes the Customer’s declaration of will to conclude a Sales Contract with the Seller, in accordance with the content of these Terms and Conditions.
- The Customer makes the payment by selecting one of the payment methods available in the Store and then makes the payment.
- The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
- The Sales Agreement shall be considered concluded upon the Customer’s receipt of the e-mail message referred to in paragraph 11 of this section. The Sales Agreement is concluded in the Polish language in accordance with the Regulations.
5/ PRODUCT PRICES AND FORMS OF PAYMENT
- The prices of the Products displayed on the Shop’s website are gross prices and include all taxes required by applicable laws.
- The Seller reserves the right to change prices of Products presented in the Shop, introduce new Products, withdraw Products, carry out promotions and give discounts, as well as temporarily offer Products free of charge. The above entitlement shall not affect Orders which were placed prior to the effective date of
of any of the changes. Details and duration are always included in the description of the relevant Product.
- The duration of each promotion is limited. Discounts and promotions do not add up.
- The Customer may choose the following forms of payment for the ordered Products:a/ by bank transfer – paid directly to the Seller’s account; for this purpose, please contact the Seller at the contact details given in the terms and conditions; the Product will be dispatched upon receipt and booking of the transfer on the Seller’s bank account;
b/ by electronic transfer – paid directly to the Seller’s account via the Przelewy24 system – on the transfer in the “Title” field, please provide at least the Buyer’s first and last name. The product will be dispatched upon receipt and booking of the transfer on the Seller’s bank account.
- When paying for a Product, the Customer can use the discount coupons to which he/she is entitled by entering the coupon code in the “Coupon Code” field and clicking the “Apply Coupon” button. The discount will be added to the basket.
- An invoice (personal or company invoice, if company details have been provided) is issued for each Order electronically, which is sent to the Customer within 3 working days, to which the Customer hereby agrees.
6/ PRODUCT DELIVERIES – COSTS, FORMS AND DEADLINES
- The Product will be dispatched within 3 to 5 days from the acceptance of the Order for processing.
- The Order will be delivered to the shipping address indicated in the Form or the e-mail address in the case of electronic Products.
- The Customer can choose the following forms of delivery:
- postal delivery,
- parcel post
- courier service,
- electronic delivery,
- personal collection.
- Deliveries are made within Poland.
- Delivery costs are indicated at the time of placing the Order. The Customer can get acquainted with them before making the Order.
- If the Customer chooses to pay by prepayment, the Product’s shipping time is calculated from the date the payment is credited to the Seller’s bank account.
- If the Customer chooses to pay by prepayment at the time of purchase, the Customer is obliged to immediately pay the funds into the Seller’s bank account. If the payment to the Seller’s bank account is not made within 3 working days from the date of placing the Order in the Shop (excluding Saturdays, Sundays and other public holidays), the Order shall be cancelled.
- If a cash on delivery payment method is selected – the Order completion time is counted from the moment of receipt of an e-mail from the Seller confirming the placement of the Order.
- In the case of consultations, trainings or other individual services ordered by the Customer and available in the Shop – the fulfilment of the service will take place within the time individually agreed by the parties via e-mail correspondence.
- In the case of electronic Products, e.g. online courses, dispatch of the downloadable Product or access to the respective online course usually takes place immediately after payment is made and credited. Access may also be provided on a cyclical basis, in accordance with the course programme and the dates
indicated in the course description. The delivery of the ordered Electronic Products takes place free of charge, within the scope of the Customer Account maintenance service.
- The day of payment shall be deemed to be the day on which the Seller’s bank account is credited.
7/ ELECTRONICALLY SUPPLIED SERVICES
- Through the Shop, the Seller provides electronic services to the Customer.
- The basic service provided electronically to the Customer by the Seller is to enable the Customer to conclude a contract for the purchase/delivery of digital content/digital Product) with the Seller electronically. This service is provided free of charge, within the price paid for placing an Order.
- The Seller also provides the Customer with the service of registering and maintaining an Account and providing the Customer with access to the Account by means of logging in, if the Customer has decided to create such an account. This service is provided to the Customer as part of the price paid for the relevant Product.
- In order to set up an individual Account, the Customer shall complete the registration form and accept the Terms and Conditions and then place an Order.
- To the e-mail address provided by the Customer, information related to the creation of an account and an activation link enabling the establishment of a password will be sent. After clicking on it and setting an individual password, the Account is created and the Customer can use it.
- The creation of an individual Account is not a prerequisite for placing an order in the Shop.
- Upon successful registration of an Account, a contract for the provision of free electronic services is concluded for an indefinite period of time.
- The customer logs in to the Account via e-mail address or login and password. He or she may also generate a new password at any time if the previous password is forgotten or lost.
- In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Shop, the Seller takes technical and organisational measures to prevent the acquisition and modification of personal data by unauthorised persons.
- The Seller takes steps to ensure fully correct functioning. The Customer is entitled to inform the Seller about any irregularities or interruptions in the functioning of the Shop.
- It is forbidden to share the Customer’s Account data with third parties and to create several Accounts by one User.
- In the case of Clients who are not Consumers or Customer-Consumers, the Seller may terminate the contract for the provision of electronic services consisting in maintenance of a Customer’s Account with immediate effect and without stating the reasons by sending the Customer a relevant statement, also electronically to the email address provided by the Customer for Account registration.
- In the case of Customers who are Consumers or Customer-Consumers, the Seller may terminate the agreement for electronic services and delete the Customer’s account or deprive the Customer of the right to place Orders at any time by giving 14 days’ notice, retaining the rights acquired by the Customer prior to termination.
- In the case of Clients who are Consumers or Customer-Consumers, the Seller may terminate the agreement for provision of electronic services and delete the Client’s account or deprive the Client of the right to place Orders, with immediate effect for important reasons, in the event of a material and flagrant breach by the Client of the provisions of these Regulations, i.e. in particular if the Customer uses the Shop and the Account in a manner inconsistent with the law or the provisions of the Terms and Conditions and contrary to good morals and the purpose of the Account and the Shop, in a manner inconvenient for other Customers and the Seller, copies the Seller’s Products and Services or makes them available to third parties without the Seller’s consent, provides the Seller with data that is inconsistent with the actual legal status, incorrect, inaccurate or infringes the rights of third parties, or violates or attempts to violate the technical protection of the Shop and the Account in order to obtain unauthorised access to its resources.
- The parties may also terminate the contract for the provision of electronic services by agreement of the parties at any time.
- The Customer may terminate the contract for the provision of electronic services at any time by giving 14 days’ notice.
- As a result of the deletion of the Account by the Seller, the Customer loses access to all Products and resources previously available on his/her Account.
- In order to delete the Account, the Customer may delete the existing Account himself or contact the Seller by e-mail for this purpose.
- The Seller informs that the deletion of the Customer’s Account may make it difficult or impossible for the Customer to use the Products in the Shop, including those he has ordered.
- The Seller shall be liable to the Customer who is a consumer or a Customer-consumer within the meaning of Article 221 of the Civil Code for non-compliance with the Sales Agreement of the Products purchased by the Customer and in accordance with the provisions of the Act on Consumer Rights.
- The Seller is obliged to deliver the Product free of defects.
- The complaint should contain data enabling the identification of the Customer (name
surname and surname, correspondence address, e-mail address), the subject of the complaint (e.g. the type and date of the defect) and the demands related to the complaint. In the case of receiving an incomplete complaint, the Seller will call the Customer to supplement it under pain of leaving the complaint unprocessed.
- The complaint should be sent to the e-mail address of the Seller specified in these Terms and Conditions.
- The Seller shall respond to the complaint within 14 days from the receipt of the complaint and inform the Customer about further proceedings at the e-mail address of the person submitting the complaint. The Seller informs that it is the responsibility of the complainant to send a complete complaint application, in particular with regard to the data and specification of his/her request. Any shortcomings may affect the final outcome of the complaint.
- The Seller will process the Customer’s personal data for the purpose of handling the complaint.
- The Customer may use the complaint form attached to these Terms and Conditions.
9/ WITHDRAWAL BY THE CONSUMER
- The Consumer and the Client-Consumer have the right to withdraw from the contract within 14 days from the date of conclusion of the contract, without giving any reason, subject to paragraph 6.
- In order to exercise the right of withdrawal, the Consumer or the Client-Consumer must inform the Seller of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by e-mail or via the contact form available on the Website). In order to meet the deadline for withdrawal, it is sufficient for the Consumer or the Client-Consumer to send information concerning the exercise of his/her right of withdrawal from the Contract before the expiry of the deadline for withdrawal.
- An example of the content of the declaration (form) of withdrawal from the contract is provided in the Annex to these Terms and Conditions.
- The Seller shall be obliged to reimburse all payments made by the Consumer immediately, not later than within 14 days from the receipt of the Consumer’s or the Client’s statement of withdrawal from the contract, subject to paragraph 6 of this section.
- The Seller shall refund the payment using the same method of payment used by the Consumer or the Client-Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve
no cost to him.
- The Customer is not entitled to the right of withdrawal if the performance, i.e. accessing the Digital Product, has taken place before the end of the withdrawal period. The Customer agrees to access the Product before the deadline referred to in paragraph 1 and is aware of the loss of the right of withdrawal.
- If a corrective invoice is issued, the invoice will be issued by the Shop at the time of refund to the Customer’s account. The invoice shall be sent to the Customer by e-mail to the e-mail address provided when placing the Order.
10/ INTELLECTUAL PROPERTY RIGHTS, LICENCE, COPYRIGHT
- All content, electronic materials and Products (including Electronic Products) and services provided by the Seller, available in the Shop, constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, are legally protected and constitute the intellectual property of the Seller.
- The Seller grants the Customer a non-exclusive and non-transferable licence, without the right to grant sub-licences, to use the subject of the agreement/product. The Customer under the agreement is entitled to use the Product only for its own needs, without territorial restrictions, in the following fields of exploitation:a/ in terms of recording the work – digital recording – fixation by digital processing on a dedicated platform (Customer Account) maintained by the Vendor,
b/ printout for own use of materials in pdf. and docx,
c/ digital recording, modification for own needs to the extent indicated in the relevant instructions or comments, e.g. on one’s own hard drive.
- The licence referred to in paragraph 2 is valid for the duration of the access to the Product. The duration of access to the respective Product and thus the duration of the licence is indicated in the description of the respective Product. The remuneration for the licence is included in the fee paid by the customer.
- It is specifically forbidden, either for the entire Product or for part of it:a/ make the Product available and present it to third parties,
b/ publish the Product regardless of the form of publication, with the exception of the publication permitted in the instructions or comments,
c/ copy, reproduction for purposes other than personal use.
- The User undertakes to exercise due diligence so that the Product, in particular the electronic Product (educational materials available on the e-learning platform) is not disclosed to unauthorised third parties.
- The Vendor hereby informs the Customer that any dissemination of the electronic Products or any other content or Products made available by the Vendor constitutes a violation of the law and may give rise to civil or criminal liability. The Vendor may also claim appropriate compensation for material or immaterial damages in accordance with applicable laws.
- If the Customer intends to use the Product in a manner contrary to that indicated in these Terms and Conditions, the Customer is obliged to obtain the written consent of the Seller.
- The Vendor is entitled to update Products from time to time, in particular electronic Products (training courses, VODs, pdf., doc., docx. materials, exercises, lessons, modules).
- The Customer agrees to have his/her logo placed in the Vendor’s customer list, thereby granting the Vendor a non-exclusive, royalty-free, time- and territory-limited licence to use for the purposes of the Vendor’s business in the following fields of operation: digital recording in computer memory and on the Internet, multiplication by any technique, distribution in the Shop, on the Seller’s website, public display, without the right to sub-licence.
11/ PERSONAL DATA AND COOKIES
In accordance with Article 13(1) and (2) of the RODO (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive
95/46/EC) and the Data Protection Act of 10 May 2018, I would like to inform you that:
- The administrator of the Customer’s personal data is Beata Kielar-Tammert conducting business activity under the name Kancelaria Radcy Prawnego Beata Kielar-Tammert with registered office in Wrocław, NIP: 6311514856, also referred to as the Seller in the Regulations. You can contact the Administrator using the following details: e-mail: firstname.lastname@example.org, Telephone no: 602386001 or in writing to the Administrator’s address.
- The Customer’s personal data provided in the forms found in the Shop will be processed on the basis of the agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Terms and Conditions, on the basis of Article 6(1)(b) RODO (necessity to conclude and/or perform the agreement). This is necessary for the performance of this contract
(execution of the Product order and setting up of the Account) and then maintaining the Customer’s Account and servicing the Customer related to the concluded agreement.
- The Customer’s personal data may also be processed for the following purposes and on the following legal bases:a/ issuing an invoice and fulfilling other tax law obligations – on the basis of Article 6(1)(c) of the RODO (legal obligation);
b/ to carry out payment transactions via an electronic payment operator – on the basis of Article 6(1)(b) of the DPA (necessity to conclude and/or perform a contract);
c/ handling complaints or claims – on the basis of Article 6(1)(b) RODO (necessity for the conclusion and/or performance of the contract);
d/ to establish, assert or defend against claims – on the basis of Article 6(1)(f) RODO (legitimate interest of the administrator);
e/ telephone contact on matters related to the provision of the service – on the basis of Article 6(1)(b) RODO (necessity for the conclusion and/or performance of the contract);
f/ storage of unpaid orders – on the basis of Article 6(1)(f) RODO (legitimate interest of the administrator);
g/ creation of RODO-related records and registers – on the basis of Article 6(1)(c) RODO (legal obligation) and Article 6(1)(f) RODO (administrator’s legitimate interest);
h/ archival and evidential purposes, for the purpose of safeguarding information that can be used to prove facts – on the basis of Article 6(1)(f) RODO (legitimate interest of the administrator);
j/ for the purpose of direct marketing to the Customer – on the basis of Article 6(1)(f) RODO (legitimate interest of the administrator).
k/ in order to comply with obligations under the Money Laundering and Terrorist Financing Act – on the basis of Article 6(1)(c) RODO (legal obligation)
- The provision of personal data is voluntary, but necessary for purposes related to the performance of the Contract and the fulfilment of the Administrator’s legitimate interests. Their failure to do so will result in the conclusion and performance of the Contract being impossible.
- The Customer’s personal data will be processed for the period of performance of the contract, as well as for the period of securing possible claims in accordance with generally applicable legal provisions. Thereafter, they will be deleted unless the Customer decides to use the Administrator’s services and
leaves them on a different basis and for the purpose indicated to him/her.
- The Customer’s personal data will be made available to other data recipients, such as, for example, IT system maintenance and hosting services, email service provider, mailing service provider (newsletter) or payment system provider, law firm law firm, subcontractors and contractors involved in the online shop, etc.
- Due to the fact that the Administrator uses external providers of various services, e.g. Facebook, Instagram, Google, Microsoft, etc., data may be transferred to third countries, e.g. to the United States. However, they will be transferred only to those recipients who have subscribed to the so-called Privacy Shield – Privacy Shield or to those who guarantee adequate protection of personal data through cooperation with processors of personal data in countries for which the relevant decision of the European Commission has been issued, application of standard contractual clauses issued by the European Commission, application of binding corporate rules approved by the relevant supervisory authority.
- The customer has the right to access the content of his/her data, to correct, delete or restrict processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint to the
supervisory authority – the President of the Office for the Protection of Personal Data, if he/she considers that the processing of his/her data is incompatible with current data protection legislation. He or she also has the right to be forgotten if further processing is not provided for by the currently applicable legislation.
- You also have the right to withdraw your consent at any time if you have provided your personal data on the basis of consent. The withdrawal of consent does not affect the processing that was carried out on the basis of consent before its withdrawal.
- The Customer’s data will not be processed in an automated manner, including profiling within the meaning of the RODO, which means that the Administrator will not make automated decisions that affect the Customer’s rights and freedoms.
- Pursuant to the Act of 1 March 2018 on the prevention of money laundering and financing of terrorism, Journal of Laws of 2021, item 1132, 1163, 1535, the Firm is an Obligated Institution to apply financial security measures in accordance with the internal procedure in relation to the Client to whom it provides legal advice in respect of activities:a) the purchase or sale of real estate, an enterprise or an organised part of an enterprise,
b) management of the client’s funds, financial instruments or other assets,
c) conclusion of an agreement on the maintenance of a bank account, securities account or performance of activities related to the maintenance of such accounts,
d) making contributions to a capital company or increasing the share capital of a capital company,
e) to establish, operate or manage a limited liability company or a trust
The financial security measures are
- identifying the customer and verifying the customer’s identity;
- identifying the beneficial owner and taking reasonable steps to:a) verification of his identity,
b) to establish the ownership and control structure – in the case of a customer that is a legal person, an organisational unit without legal personality or a trust;
- assessing the business relationship and, as appropriate, obtaining information on its purpose and intended nature;
- ongoing monitoring of the client’s business relationships, including:a) an analysis of transactions carried out in the course of the business relationship in order to ensure that the transactions are consistent with the obliged institution’s knowledge of the customer, the nature and extent of his business and consistent with the money laundering and terrorist financing risks associated with that customer,
b) investigating the source of the property values held by the customer, where justified by the circumstances,
c) ensuring that the documents, data or information in its possession regarding the business relationship are kept up to date.
- In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent
acquisition and modification of personal data by unauthorised persons.
12/ OUT-OF-COURT MEANS OF DISPUTE RESOLUTION AND REDRESS BY THE CONSUMER
- The Seller agrees to submit any disputes arising in connection with the concluded Product supply contracts to mediation. The details will be determined by the conflicting parties.
- The Consumer or the Customer-consumer has the possibility to use out-of-court ways of dealing with complaints and pursuing claims, including but not limited to: applying to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded agreement, applying to the provincial inspector of the Trade Inspection with a request to
to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller, to use, free of charge, the assistance of a district (city) consumer ombudsman or a social organisation, whose statutory tasks include protecting consumers (e.g. Federation of Polish Consumer Organisations).
(e.g. Federation of Consumers, Polish Consumers Association).
- For more detailed information on out-of-court complaint handling and redress procedures, the consumer can visit the website at http://www.uokik.gov.pl and the offices and websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection or Voivodship Inspectorates of Consumer Protection.
or Voivodship Inspectorates of Trade Inspection.
- The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales or service contract
- The matter may be dealt with by an arbitration tribunal only after the conclusion of the complaint procedure and if both parties to the dispute agree. Otherwise, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.
13/ FINAL PROVISIONS
- Contracts concluded through the Internet Shop and services provided are performed in the Polish language and based on Polish law.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, e.g.: changes in the law, changes in the methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, changes in technology. The new Terms and Conditions shall enter into force as of the date of publication on the Seller’s website platform on the
subpage: Terms and Conditions.
- Agreements concluded before the amendments to the Terms and Conditions shall be governed by the version of the Terms and Conditions in force as at the date of conclusion of the Agreement.
- Should any provision of these Terms and Conditions prove to be inconsistent with universally applicable laws and infringe consumer interests, the Seller declares the application of the indicated provision.
- Settlement of potential disputes between the Seller and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, shall be referred to the competent courts in accordance with the relevant provisions of the Civil Procedure Code. In the event that the Customer is a consumer within the meaning of Article 3855 of the Civil Code, they shall be submitted to the competent courts in accordance with the
relevant provisions of the Civil Procedure Code.
- Settlement of possible disputes between the Seller and a Customer who is not a consumer or a Customer-consumer within the meaning of Article 221 or Article 3855 of the Civil Code, shall be submitted to the competent court
for the registered office of the Seller.
- Matters not regulated in these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code, Act on Consumer Rights, Act on Providing Services by Electronic Means, Act on Combating Unfair Competition, Act on Personal Data Protection and the General Regulation on Personal Data Protection (RODO).
- Link to these Terms and Conditions: https://en.bktkancelaria.pl/terms/